United Nations Secretary General’s Advisory Board on Water and Sanitation THE UN WATERCOURSES CONVENTION: IN FORCE BY 2011 1. Introduction At the 5 th World Water Forum (Istanbul, March 2009), Green Cross International, the Global Nature Fund (GNF), the European Water Partnership, the Norwegian Government, the UN Secretary-General’s Advisory Board on Water & Sanitation (UNSGAB), and WWF co- convened the high-level event “Sign Up: Sharing Water for People and the Planet” to herald the global call to bring the 1997 UN Convention on the Law of the Non-Navigational Uses of International Watercourses (UN Watercourses Convention) into force. The event took place in the evening of 21 March 2009, as part of celebrations leading up to the 2009 World Water Day, which focused on transboundary waters. The event commemorated progress with the many stakeholders that have contributed to the UN Watercourses Convention Global Initiative. WWF launched this initiative in March 2006 with a view to informing and accelerating the process for entry into force of the UN Watercourses Convention. We believe that, through the event, we succeeded in inspiring countries, organizations, and individuals to join our efforts, and in fostering new partnerships and strengthening political support, with the ultimate goal of triggering further action to bring the convention into force by 2011. The event included a formal ceremony to present WWF’s “Leaders for a Living Planet” award to the current contracting states for their leadership in the cooperative management of shared water resources. Moreover, key officials from non-parties handed over signed postcards, symbolizing a personal commitment to our call for additional ratifications and a pledge to work proactively towards having their own countries join the convention. The focus was on Member States of the European Union (EU) and the Economic Community of West African States (ECOWAS)—both regions where the initiative has achieved good progress. Representatives from international organizations attending the Forum also had the opportunity to sign a postcard to pledge their support for the UN Watercourses Convention Global Initiative. More information on outcomes follows below.
Transcript
United Nations Secretary General’s Advisory Board on Water and Sanitation
THE UN WATERCOURSES CONVENTION:
IN FORCE BY 2011
1. Introduction
At the 5th World Water Forum (Istanbul, March 2009), Green Cross International, the Global Nature Fund (GNF), the European Water Partnership, the Norwegian Government, the UN Secretary-General’s Advisory Board on Water & Sanitation (UNSGAB), and WWF co-convened the high-level event “Sign Up: Sharing Water for People and the Planet” to herald the global call to bring the 1997 UN Convention on the Law of the Non-Navigational Uses of International Watercourses (UN Watercourses Convention) into force. The event took place in the evening of 21 March 2009, as part of celebrations leading up to the 2009 World Water Day, which focused on transboundary waters. The event commemorated progress with the many stakeholders that have contributed to the UN Watercourses Convention Global Initiative. WWF launched this initiative in March 2006 with a view to informing and accelerating the process for entry into force of the UN Watercourses Convention. We believe that, through the event, we succeeded in inspiring countries, organizations, and individuals to join our efforts, and in fostering new partnerships and strengthening political support, with the ultimate goal of triggering further action to bring the convention into force by 2011. The event included a formal ceremony to present WWF’s “Leaders for a Living Planet” award to the current contracting states for their leadership in the cooperative management of shared water resources. Moreover, key officials from non-parties handed over signed postcards, symbolizing a personal commitment to our call for additional ratifications and a pledge to work proactively towards having their own countries join the convention. The focus was on Member States of the European Union (EU) and the Economic Community of West African States (ECOWAS)—both regions where the initiative has achieved good progress. Representatives from international organizations attending the Forum also had the opportunity to sign a postcard to pledge their support for the UN Watercourses Convention Global Initiative. More information on outcomes follows below.
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This briefing paper contains background information on the UN Watercourses Convention Global Initiative and offers strategic
recommendations for achieving the “entry into force by 2011” target.
2. Why promote the UN Watercourses Convention?
2.1 Transboundary Freshwater Systems: Crucial but Threatened
Some of the richest aquatic ecosystems on the planet are shared between two or more states. The world’s 263 international watercourses generate about 60% of global freshwater flow and cover almost half the earth’s land surface. They cross the territories of 145 countries and are home to around 40% of the world’s population. These watercourses contain key freshwater supplies, but are among the most vulnerable. Lack of coordination between states poses major threats to the people, ecosystems, and economic activities that rely on the long-term sustainability of those resources. It can, for example, reduce water availability or cause significant levels of pollution downstream. It can also prevent weaker states upstream from developing their fair share of the resource or hamper the ability of migratory fish to reach spawning habitats within headwaters. Neighbouring states have a responsibility to protect transboundary freshwater ecosystems and to work together to manage them in a sustainable and integrated manner, in order to avoid conflict, respond cooperatively to threats such as climate change, and share fairly the related costs and benefits. Yet, transboundary cooperation raises major practical, legal, and political issues. In the past, nations have set the stage to address those issues by adopting and implementing treaties for specific watercourses, lakes, and aquifers:
While states have made some progress in the field, cooperative management frameworks exist for only about 40% of the world’s international watercourses.
Where agreements exist, 80% involve only two countries, even though other states may also be part of the river basin in question.
The states that are parties to these “partial” agreements, as they seek to promote the integrated management of the watercourse, have to rely on the good will of non-parties to engage informally in the cooperation process. In other cases, parties to partial agreements make decisions among themselves without due regard for the interests and needs of other basin states that are not parties to those agreements.
Many states are parties to several watercourse agreements, with their own different policies and obligations, which makes effective implementation more difficult.
Many agreements have significant gaps or failings. For example, some treaties fail to consider long-term changes in water availability, which might to result from climate change in many places.
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The entry into force of the UN Watercourses Convention is vital for providing states with an overarching and flexible global policy framework informing, fostering, and guiding transboundary water cooperation at all levels. Once in force and widely implemented, the UN Watercourses Convention can offer the world what regional instruments, such as the EU Water Framework Directive, the UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes, and the Revised Protocol on Shared Watercourses in the Southern African Development Community (SADC), have accomplished in Europe and Southern Africa, respectively.
2.2 About the UN Watercourses Convention
In 1997, more than one hundred nations, including 38 co-sponsoring states, voted in the UN General Assembly to adopt the UN Watercourses Convention—a legal umbrella agreement that establishes basic standards, procedures, and rules for cooperation between states on the use, management, and protection of international watercourses. The convention counts today 17 contracting states—18 short of the number required for entry into force, and aims to:
Facilitate and inspire negotiations on future regional or watercourse agreements and support the implementation of existing treaties;
Govern international watercourses in the absence of applicable bilateral or multilateral treaties;
Supplement multilateral environmental agreements, such as the conventions on climate change, biodiversity, desertification, and wetlands;
Advance international policy aspirations, such as the Millennium Development Goals; and
Offer a basis for the codification and development of international water law at the global level. Since the adoption of the UN Watercourses Convention, water pollution and overuse have worsened in many places, and the world’s poorest people are already facing shrinking supplies. Climate change is increasing pressure on water resources and making water availability less predictable. The very problems that motivated the drafting of the UN Watercourses Convention over more than 30 years and its ultimate adoption are thus graver and more widespread. As in 1997, most of the world’s transboundary river basins still lack adequate legal protection. For all those reasons, more than ever before we need an effective and widely ratified UN Watercourses Convention. We need it to ensure that states properly utilize and protect the world’s precious transboundary freshwater systems. It is time to act!
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2.3 The UN Watercourses Convention Global Initiative
WWF has proposed the “in force by 2011” target with a view to strengthening efforts to promote the sound management, protection, and development of the world’s transboundary river basins, in accordance with international law. The target is part of the UN Watercourses Convention Global Initiative, led by WWF and several other partners around the world, such as the African Centre for Water Research, Conservation International, the Economic Community of West African States (ECOWAS), European Water Partnership, GWP-Bangladesh and West Africa, Green Cross, the IHP-HELP Centre for Water Law, Policy and Science, under the auspices of UNESCO (Centre for Water Law, Policy & Science), the Swedish International Development Cooperation Agency (Sida), The Netherlands, UNSGAB, the World Development Movement, among others. WWF launched the initiative in early 2006 and, in partnership with those and other institutions, has since been working with several governments and other stakeholders to raise awareness, build capacity and support countries interested in becoming parties to the UN Watercourses Convention. Numerous stakeholders have joined our efforts over the last 3 years, as evidenced by their calls for ratifications and other activities to inform governments, the media and the civil society.1
3. Why 2011?
The 2011 target is a milestone towards a longer-term goal of ensuring the equitable and sustainable management of the world’s transboundary freshwaters, to the benefit of dependent livelihoods, ecosystems, and economic activities.
The timescale is realistic. Although the UN Watercourses Convention was adopted more than 10 years ago, it is only now that the international community, gathered under the UN Watercourses Convention Global Initiative, is beginning to show consistent and widespread commitment to the goal of bringing it into force.
The process for governments to join international treaties is normally long, complex, and costly. It is dependent on a thorough analysis, involving several ministries, agencies and the legislature, of costs and benefits from ratification and of any regulatory measures that must be adopted domestically to enable implementation.
With 19 ratifications to go, the 2011 target assumes 6-7 additional contracting states per year—an achievable goal if all the states present here receive the support they need to move through the process in a timely and effective manner.
1 For a list of partners and calls for ratifications, see the UN Watercourses Convention booklet, available at http://assets.panda.org/downloads/wwf_un_watercourses_brochure_for_web_1.pdf.
The very process of ratification of the UN Watercourses Convention in several countries and the global initiative itself have already contributed to raising awareness of transboundary water issues and created opportunities for regional dialogue and capacity-building. By entering into force by 2011, the convention can further enhance its contribution to the achievement of the Millennium Development Goals.
4. How can the target be achieved?
There is no single solution for promoting the sound management of international watercourses, lakes, and aquifers. We see the UN Watercourses Convention as part of a broader package of legal, policy, and financial measures necessary for achieving that goal. At the same time, only once in force can the UN Watercourses Convention fully realize its functions, be widely implemented, consolidate its legal authority to codify and develop international law, and remain high in the political agenda of governments and other stakeholders. In pursuing that goal, we have:
At the global level, organized awareness-raising events, mobilized key stakeholders within the international community, and built key partnerships;
At the regional level, commissioned assessments of the relevance and applicability of the UN Watercourses Convention to specific regions and basins, and hosted workshops to build capacity and foster dialogue about the convention among co-basin states, in partnership with regional economic organizations, joint water management institutions, and the civil society.
At the national level, worked closely with governments, local stakeholders, and experts to provide technical support and advice, and co-funded the development of the applicable national assessments and the organization of in-country meetings among key government sectors, the media, water users, and other interested actors.
We can only achieve the target of having the UN Watercourses Convention in force by 2011 if all relevant actors become fully engaged and committed. This implies involvement by national governments, specialized UN agencies, relevant environmental and development cooperation processes, global and local organizations with relevant expertise in the field, local users, and even businesses. Interventions should take place at all levels and be coherent with each stakeholder’s purposes and capacities. For example,
Independent organizations can directly approach their governments about the UN Watercourses Convention;
Expert and financial institutions can further support ongoing efforts at the national level; and
UN agencies can raise awareness and build capacity to inform domestic decision-making and prepare countries for future implementation.
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5. Opportunity
The theme of the 2009 World Water Day was “Transboundary Waters,” and we used this as an opportunity to accelerate the ratification process of the UN Watercourses Convention. We thanked those countries that have already joined the convention, by presenting an award for their leadership in achieving sustainable development, and for the example they are setting. The postcard initiative, launched in preparation for the event, aims to encourage representatives of governments and organizations, and key individuals, to express their support for the entry into force and widespread ratification of the UN Watercourses Convention. This is meant to be a living process, with successive endorsement messages adding up to help build a critical body of support for accelerating progress towards the goal of having the convention in force by 2011.
6. Specific outcomes from the event
The event celebrated the accomplishments of the countries, institutions and individuals taking the lead in the process for entry into force of the UN Watercourses Convention. The large attendance is evidence of the interest and support surrounding the convention.
WWF Leaders for a Living Planet awards were presented to 12 of the 16 current contracting states to the UN Watercourses Convention. The remaining four parties, which were unable to attend, as well as Tunisia, which joined the convention in April 2009, after the ceremony in Istanbul, will receive their awards subsequently.
During the ceremony, calls on other states to join the UN Watercourses Convention came from Finland, Germany, Norway, South Africa, and Sweden. Moreover,
Hungary highlighted its support for the UN Watercourses Convention Global Initiative’s aim to strengthen the legal basis enabling transboundary water cooperation. Hungary joined the convention so as to contribute to its speedy entry into force, thereby reinforcing the opportunity for watercourse states to refer to that instrument as an authoritative model for interstate negotiations, particularly where specific basin agreements are absent.
Iraq emphasized how, by joining the UN Watercourses Convention, the country has shown noteworthy leadership and commitment to international law.
Namibia underscored the role of the UN Watercourses Convention in advancing the right of every citizen to fair and reasonable access to public facilities and services, as well as the utilisation of natural resources on a sustainable basis, for both present and future generations, as provided for under the country’s Constitution. Namibia regards the convention as a useful legal tool aimed at enabling and strengthening transboundary water cooperation.
Norway recalled that the adoption of the UN Watercourses Convention in 1997 was a major breakthrough and a historical moment in the evolution of international water law.
Sweden pledged to push other fellow EU member states through their upcoming Presidency of the European Union Council, in July-December 2009.
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Uzbekistan referred to the UN Watercourses Convention as a key international legal basis upon which to build an efficient system of transboundary water management in Central Asia.
Following the award ceremony, the conveners collected and showcased postcards signed by key government officials from 13 additional countries. The postcards symbolize their commitment to our call for bringing the UN Watercourses Convention into force by 2011, as well as a pledge to champion the convention within their own governments. Those countries were Bangladesh, Benin, Burkina Faso, Chad, Czech Republic, Estonia, France, Ghana, Greece, Niger, Sierra Leone, Spain, and Slovenia. The officials who attended the event briefed participants on their countries’ position with respect to the UN Watercourses Convention and the possibility of becoming a contracting state. In this sense, Benin, France, Ghana, and Spain have already started the ratification process. Furthermore,
Ms. Reba Paul, Executive Secretary of GWP Bangladesh, delivered a postcard signed by the Vice-Minister of Water of Bangladesh. Speaking on behalf of the Government, she informed participants about the now completed national consultations upholding the country’s interest in joining the UN Watercourses Convention. A recommendation from GWP Bangladesh is now with the Ministry of Water Resources for officially triggering the accession process. She then called on neighbouring countries to consider becoming parties as well.
According to Mr. Ousséini Thanou, Director General of Water Resources, Burkina Faso has adopted IWRM as its national policy in the field. In applying such a policy, Burkina Faso cooperates actively with neighbouring countries sharing common water resources. It is in this context that his country is committed to taking all the necessary measures for joining the UN Watercourses Convention as soon as possible.
Mr. Abba Tapsala, Director of Water Resources and Meteorology, from Chad, underscored the importance of transboundary water cooperation, recalling the progressive shrinking of Lake Chad as an example of the possible consequences of unilateralism and poor governance in the management of shared water resources. He pledged to raise the issue of ratification of the UN Watercourses Convention with his own government.
H.E. Mr. Laurent Stefanini, the French Ambassador for the Environment, stressed that an effective UN Watercourses Convention would add value to France’s existing development aid in the water sector. It would also signalize globally the importance of transboundary water cooperation. His country thus intends to join the convention to contribute to its swift entry into force, as well as to encourage the adoption and strengthening of watercourse agreements in regions where they are weak or inexistent, such as many transboundary basins in Africa.
Mr. Garba Radji, Director of Water Resources, underscored Niger’s commitment to IWRM and the key role his country has played in the Shared Vision process for the Niger basin. Recognizing the limitations of the existing watercourse agreements in West Africa, Mr. Radji announced that Niger is considering the UN Watercourses Convention among other treaties for his government to ratify in the near future.
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Representatives from some key international organizations also signed a postcard offering their support to our call for additional ratifications and pledging to work proactively towards the “entry into force by 2011” goal, including, e.g., the Organisation pour la Mise en Valeur du fleuve Sénégal (see the Annex for a complete list). Other interventions included that of Dr Shaddad Attili, Head of the Palestinian Water Authority, who referred to a declaration by President Mahmoud Abbas that Palestine would join the UN Watercourses Convention upon attaining statehood. When that occurs, the Jordan basin will have the most coverage of any international watercourse, with four of its five riparians as contracting states to the convention. IUCN closed the event, stating their readiness to support and promote efforts in raising awareness and understanding of the UN Watercourses Convention worldwide.
7. Conclusion
The inadequacy of existing watercourse agreements and the lack of agreements for numerous international watercourses are alarming legal weaknesses in today’s international legal structure governing transboundary waters. Such weaknesses make it far too easy for some countries to manage their rivers unilaterally, arbitrarily, and without sharing relevant information their neighbours may need. If action is not taken to improve the legal governance of transboundary waters, states are likely to fail to cooperate towards promoting the integrated management of transboundary waters. The result will be conflict over increasingly scarce and polluted supplies, deteriorating biodiversity, and serious threats to economic development, human health, and long-term sustainability, especially in poorer countries—all significant barriers to achieving the Millennium Development Goals. The picture appears grim, but what we are actually facing is a key moment of opportunity. Through the entry into force and implementation of the UN Watercourses Convention, we can influence the management of the world’s transboundary waters in a positive way. The convention will promote the equitable utilization and environmental protection of international watercourses, catalyzing regional integration and sustainable development around the world. In our own way, we each have our share to contribute to the goal of having the UN Watercourses Convention in force by 2011. Green Cross International, the Global Nature Fund (GNF), the European Water Partnership, the Norwegian Government, the UN Secretary-General’s Advisory Board on Water & Sanitation (UNSGAB), and WWF invite all stakeholders to support this aim, and stand ready to work with each to make this target a reality. For additional information, please visit http://www.panda.org/what_we_do/policy/international_water_law/ or contact:
Government Officials 1. H.E. Shaikh Mohammad Wahid-Uz- Zaman, Water Resources Secretary, Ministry of
Water Resources, Bangladesh
2. Mr. Grégoire Ale, Director of Water Planning and Management, Benin
3. Mr. Ousseini Tahnou, Directeur Général des Ressources en Eau, Ministère de l'Agriculture, de l'Hydraulique et des Ressources Halieutiques, Burkina Faso
4. Mr. Abba Tapsala, Director of Water Resources, Chad
5. Ms. Veronika Jáglová, Water Director, Department of Water Protection, Main Advisor to Vice-Minister, Ministry of Environment, Czech Republic
6. Mr. Harry Liiv, Deputy Secretary General on Environmental Management, Ministry of Environment, Estonia
7. H.E. Laurent Stefanini, French Ambassador for the Environment, France
8. Mr. Minta A. Aboagye, Director, Water, Water Directorate, Min. Water Resources, Works and Housing, Ghana
9. Mr. Benjamin Yaw Ampomah, Acting Executive Secretary, Water Resources Commission, Ghana
10. Ms. Maria Peppa, Head of Department, International Relations and EU Affairs, Ministry of Environment, Greece
11. Dr. Hassan Janabi, Ambassador, Iraq's Permanent Representative to the UN Agencies in Rome Iraq
12. Dr. Hussein A. Jabir, Agriculture Adviser, Iraq
13. Mr. Garba Radji, Director of Water Resources, Niger
14. Otto O. During, Director, Legal Division, Sierra Leone
15. H.E. Mr. Danilo Türk, President, Slovenia
16. Teodoro Estrela Monreal, Subdirector General De Planificacion y Uso Sostenible Del Agua, Ministerio de Medio Ambiente, y Medio Rural y Marino, Spain
17. Eng. Ghassan Rostom, Advisor to the Minister, Ministry of Irrigation, Syria
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International and National Organizations
18. Global Nature Fund: Udo Gattenlöhner, Executive Director;
19. Living Lakes Italia: Florello Primi, Coordinator;
20. Promotion Association for Mountain-River-Lake Regional Sustainable Development (MRLSD): Meiying Liu
21. Organization Pour la Mise en Valeur du Fleuve Senegal (OMVS): M. Salem Merzoug, High Commissioner;
22. Stockholm International Water Institute (SIWI): Anders Berntell, Executive Director,
23. Association of Civil Organizations of Lake Balaton (ACOLB): Erzsébet Székely
